What if My Employer Gets Audited?

What if My Employer Gets Audited?

Audits are a normal part of life. They can happen to insurance claims, tax refunds, and even to immigration applications. In this entry, we will talk about what will happen to your employer if they are audited during the process of getting an employee approved for a green card through the PERM-GC process. If an employer is audited, they will be directly contacted by the Department of Labor and asked a series of questions, which they will have 30 days to provide a written response to. The information required in that response is as follows:
  • Copies of all of the job advertisements and postings, per the requirements listed a few blog posts prior,
  • Proof of any business necessity beyond the “normal” requirements listed in the DoL’s O’Net system. This is not always the case, but sometimes businesses will outline special requirements for a particular position,
  • Copies of all of the resumes that were received. Even the ones that were found to not meet the minimum requirements of the open position will be required, and
  • A “recruitment report” which explicitly explains why all of the rejected candidates were found to be ineligible for the position, as well as further information about specially listed business requirements.
If, after the audit, the application is denied by the Department of Labor, the company will not be allowed to advertise the position again for a minimum of 6 months. For that reason, it is extremely important to make sure that all of the guidelines listed are followed exactly. If you ever have questions about the PERM-GC process, whether as an applicant, or a business owner interested in helping a worker obtain a green card, contact an experienced immigration attorney immediately.
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